Shelby, Sept. 20—Solicitor R.L. Huffman yesterday drew three different bills of indictment charging Revenue Officer Houser and Deputies Hoyle, Wesson and Cabiness with assault with a deadly weapon with intent to kill Mrs. Miller when they held up and shot into a car near Casar a few weeks ago. But the grand jury refused to act upon either of the bills of indictment.
Judge J. Bis Ray, who is holding court here, later called the grand jury in and instructed the members that it was not their providence to try the case nor to determine what degree of crime had been committed, but to find a true bill as presented to them by the solicitor if there was any evidence to support the same, and upon their failing late yesterday afternoon just before court adjourned to return a true bill, Solicitor Huffman made a motion before the court that a warrant be issued for all the officers connected with the holding up of the car and the shooting of Mrs. Miller and that they be immediately brought before the court and placed under a bond of $5,000 each for their appearance here at the next term of court in October, when he could get a grand jury that would act upon the matter, and a warrant was promptly issued for their arrest.
Sheriff Logan returned late last night from Casar where he went to arrest Deputies Hoyle and Wesson and stated that they could not be found at home and that their families either refused to tell where they were or claimed that they did not know. No trace of either of them has yet been found. Revenue Officer Houser and Deputy Cabiness are expected to be in court tomorrow for their preliminary hearing and to arrange their bond.
From the front page of The Mount Airy News, Thursday, September 28, 1922
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